(1) As used in this section:
- (a) "Adornment" means something that a student attaches to or wears with, but does not replace, graduation attire.
- (b) "Cultural" means recognized practices and traditions of a certain group of people.
- (c) "Graduation attire" means attire that an LEA requires a student to wear as part of the dress code for a graduation ceremony.
- (d) "Graduation ceremony" means a high school graduation ceremony.
- (2) A student may wear recognized items of cultural or religious significance as an adornment at a graduation ceremony.
(3)
- (a) Notwithstanding Subsection (2), an LEA may prohibit a student from wearing an item of adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony.
- (b) Any prohibition imposed by an LEA on a student's item of cultural or religious significance worn as an adornment shall be by the least restrictive means necessary to accomplish a specifically identified compelling governmental interest.
- (4) An individual may bring a violation of this section to the state board in accordance with the process described in Subsection 53E-3-401(8)(d).
- (5) Nothing in this section limits an LEA's authority related to student expression under applicable federal and state law.
- (6) Nothing in this section shall limit or impair the rights of a qualifying student under Section 53G-4-412 to wear tribal regalia to a graduation ceremony.
Enacted by Chapter 359, 2023 General Session